legal component of lawyering process

3100 CLEBURNE STREET | HOUSTON, TEXAS 77004

TELEPHONE: 713.313.4455 | FAX: 713.313.1049

LEGAL RESEARCH:

A COMPONENT OF LAWYERING

PROCESS

COURSE NUMBER 12473 & 12472

SECTION 1 & 7

FALL 2020

LAW LIBRARY DIRECTOR &

ASSOCIATE PROFESSOR

DECARLOUS Y. SPEARMAN

Legal Research Page | 2

TABLE OF CONTENTS

The Professor .................................................................................................................................. 3

Office Hours.................................................................................................................................... 3

Class Schedule ................................................................................................................................ 4

Course Books & Material ............................................................................................................... 4

Course Description & Objective ..................................................................................................... 5

Student Learning Outcomes ............................................................................................................ 6

Grading ........................................................................................................................................... 7

Accommodations ............................................................................................................................ 8

Participation, Attendance & Professionalism ................................................................................. 9

Academic Calendar ....................................................................................................................... 11

Policies & Procedures ................................................................................................................... 12

COVID ........................................................................................................................................ 163

Campus Carry Policy .................................................................................................................. 165

Reading Assignments.................................................................................................................... 16


THE PROFESSOR

NAME: DeCarlous Y. Spearman

TELEPHONE: 713-313-7328

EMAIL: [email protected]

LOCATION: Law Library Room 132

OFFICE HOURS: Wednesday (5:30 p.m. – 7:30 p.m.)

Thursday (3:00 pm – 5:00 p.m.)

(All other times by appointment only)

***All Office Hours will be conducted via Zoom until further notice***

Every week on Wednesday, 5:30 PM Central Time until Nov 3, 2020) 12 occurrence(s)

Join Zoom Meeting

CLASS SCHEDULE

LP Section Instructor Class Day Class Time Room

1 Spearman Tuesday 4:00 p.m. – 5:00 p.m. Zoom

7 Spearman Wednesday 4:00 p.m. – 5:00 p.m. Zoom

mailto:[email protected]

3100 CLEBURNE STREET | HOUSTON, TEXAS 77004

TELEPHONE: 713.313.4455 | FAX: 713.313.1049

COURSE BOOKS & MATERIAL

Required Books:

1. The Bluebook: The Bluebook: A Uniform System of Citation (Columbia Law Review

Ass’n et al. eds., 21st ed. 2020). (Hereinafter, “The Bluebook”) (NOTE: You need

this book in the practice of law.)

2. Amy E. Sloan, Basic Legal Research: Tools & Strategies (7th ed. 2018). (Hereinafter

“Sloan”).

Required Databases:

1. Zoom- synchronous Class

2. LexisNexis Classroom


COURSE DESCRIPTION & OBJECTIVE

DESCRIPTION:

Legal Research is a Fall Semester first year class that is a 20% portion of your Lawyering

Process grade. This course involves intense preparation and learning in all legal sources and

how to identify issues and develop research plans. Students will learn and practice the basic skills

necessary for identifying, locating, and using legal resources, including primary sources of statutory and

case law; secondary authority; and research reference tools, to include computer research tools,

commonly used in the practice of law. Students will also be introduced to basic Bluebook citation

method.

OBJECTIVE:

To instruct each student on how to identify, analyze and research legal issues thoroughly and

efficiently by providing:

A. Distinguish between:

1. Federal and state law,

2. Primary and secondary sources, and

3. Mandatory and persuasive authority.

B. Understand the relationship between legal institutions.

C. Conduct research using basic resources for state, federal and administrative law.

D. Design an appropriate research strategy.

E. Update research using citators.

F. Identify and analyze legal issues.

G. Apply the rules of citation that are appropriate for citing sources in legal

documents using The Bluebook: A Uniform System of Citation.


STUDENT LEARNING OUTCOMES

STUDENT LEARNING OUTCOMES: By the completion of this course students will be able to demonstrate the ability to:

1 Generate legal search terms from a given fact pattern.

2 Create a research plan.

3 Interpret contemporary legal citations.

4 Understand court structures, hierarchies, and jurisdictions.

5 Evaluate the type and weight of a given legal authority in a given legal problem.

6 Given a legal topic, identify valuable secondary sources for researching that topic.

7 Given a citation to a contemporary U.S. case, statute, or federal regulation, locate the

current full text of that case, statute, or federal regulation.

8 Given an annotated statute, use the annotations to locate cases interpreting the statute.

9 Given a case, determine if a holding of the case is still good law.

10 Interrelate legal resources in a jurisdiction using the topic and key number and headnote

systems.

11 Discuss the strengths, weaknesses, and use of legal finding tools and methods, including

electronic search terms, indexes, and annotations.

12 Given a case, statute, regulation, periodical, book, or constitution either in hardcopy or

electronic format, create a correct Bluebook citation for that work.


GRADING

Criteria One: 100 Points

Four Research Assignments*

25 Points Each

Assignments Cover the Following: The Bluebook Citations

Secondary Source Research

Case Research

Statutes

* Homework Submission protocol under Assignments

Criteria Two: 50 Points One Multiple Choice Exam

50 Points

Criteria Three: 25 Points

QUIZZES

Court Structure/Authority/The Legal Research Process

Drafting Legal Documents

Administrative Law

Criteria Five: 25 Points

Lexis Learn and Teachers Choice

Lexis Learn 12 points and

Teachers choice including PPA 13 points

ASSIGNMENTS

Regular Homework Assignments A. Required Heading: The following information is required at the indicated place on each

assignment. If no place is indicated, then place this information at the top left. DO NOT USE

TITLE PAGES. Name, Section Date

B. Assignment Format Requirements: All assignments must be:

1. Typed directly into the Word document downloaded from Lexis web courses.

2. Typed in 12 point Times New Roman font.

3. Double space between answers.

C. Submission of Assignments:

All Assignments are to be submitted in Lexis on the due date BEFORE class time.

The grade that you receive in Legal Research is worth 20% of your final Lawyering Process grade.

The final grade for each student in Legal Research is based on five criteria for a total of 200 points.

D. Required Statement: The statement “I have neither given nor received unauthorized aid” must

appear on each assignment. Assignments without this statement are incomplete.

E. Process Questions: Any question calling for you to describe your process is a short essay question.

The answer would be grammatically correct and unambiguous. Like a recipe, it should describe each

step taken in the process. These questions are graded by following exactly the process you describe.

If I cannot get to the answer you got using the process you provide, the answer is incorrect.


ACCOMMODATIONS

If you require special accommodations, please fill out the necessary forms with the Dean’s office. Your

application and documentation will remain confidential. Your prompt attention will allow the law school

to accommodate you as soon as it has been made aware of your situation.

Also, please contact Dean Virgie Mouton (Student Affairs) if you require any special accommodations

regarding any of the assignments, including, but not limited to, extensions, note-takers, etc. You must

contact Dean Mouton before the related assignment is due.

Dean Mouton

Assistant Dean for Student Development and Academic Support

Phone: (713) 313-7909

Email: [email protected]

mailto:[email protected]


PARTICIPATION, ATTENDANCE & PROFESSIONALISM

PARTICIPATION:

Class participation will be considered in determining your final course grade. You must

be prepared for all classes. If you do not actively participate in class discussion and exercises,

you may lose “Participation, Professionalism and Attentiveness” points (“PPA points”). You

must prepare all assignments to the very best of your ability even if they are not submitted for a

grade or feedback. In addition, if you fail to bring all relevant materials with you to class or do

not have these materials open and ready for use in class, you will lose PPA points. You will

need to have the required texts in class (or access to them) to fully participate in the discussion.

Lastly, as you know, you must be on time for class.

ATTENDANCE POLICY:

1. Students are required to attend classes consistent with the format of the enrolled course.

a. Hybrid – instruction for courses in this format is delivered in person and

simultaneously online. Enrolled students are divided into groups and required to

attend weekly in-person classes on the weekday(s) predetermined by administration

for the designated group. Students may only attend in-person classes on the

administration-determined day to ensure that all enrolled students are guaranteed a

physical seat for the class. Other class days for the week are to be attended online.

Students who have COVID-related health and safety concerns in attending in-person

classes must obtain a remote-instruction waiver from the Office of Student Affairs.

The waiver can be requested for the entire semester or temporary, based upon the

personal circumstance of the affected student.

b. Online – instruction for courses in this format is delivered 100% online.

c. For the 100% online course and the hybrid course online instruction component, both

the American Bar Association and the Law School rules obligate the professor to

obtain assurance that the person who logs into the course online, participates in class,

takes quizzes and exams, and engages in collaborative exercises, is the student

enrolled in the course. Without being limited to the following methods of attendance

verification, professors may require attendance to be contingent upon confirmation of

identity via webcam or require webcams to remain on for the entire class period.


PROFESSIONALISM:

A. Electronic Devices: Laptop computers, tablets, or mobile devices may be used for

accessing your e-textbook, Texas codes, the UPC, or Uniform Trust Code and for class-related

note taking and reference. During class, however, it is inappropriate to use these devices for any

other purpose (e.g., to download music, play games, watch DVDs, access inappropriate web

sites, or to instant message others). Use of a laptop, tablet, or mobile device in class is a

privilege. In addition to any other sanction, I will rescind use of these devices, individually or

collectively, if it is abused. Cell phones, smart watches, and similar devices must have the ringer

turned off (or the volume muted).

B. Classroom Conduct: Also, as you well know, at all times, you must respect your fellow

colleagues. Please refrain from excessive side conversations or other distracting conduct during

class. Also, please refrain from leaving the classroom during instruction. Once class begins,

you should remain seated and fully engaged in the discussion. If you have a medical condition

that requires you to regularly leave after class has begun, please see Dean Mouton for approval.

Otherwise, such disruption of class will result in a loss of PPA points. Further, any other

conduct that displays a lack of professionalism will result in a loss of PPA points


ACADEMIC CALENDAR


POLICIES & PROCEDURES

COURSE MANAGEMENT SYSTEM

ASSIGNMENT PENALTIES

A. Class will be held on Zoom.

B. This course will be placed in the LEXIS “Classroom”: course management system (hereinafter

“Classroom”). Students are required to enroll in the appropriate section for this course and are

expected to regularly check the course page for updates, announcement, and changes.

C. All important course documents and information will be posted to the “Classroom” and updated as

needed. Students should assume that versions of documents, including the one, on the “Classroom”

are the most current versions of those documents.

D. All assignments will be posted on the Classroom after they are given.

E. Copies of PowerPoint slides used in class lectures will be posted to the Classroom as .pdf files.

Additional helpful resources may also be posted to the Classroom for your optional use.

A. I expect all work to be executed to professional standards of quality.

B. Late assignments will not be accepted and will receive a zero.

C. The practice of law is a computerized profession; students are expected to be able to perform certain

functions with their computer platforms of choice, including, but not limited to:

i. Make special characters with their word processors including “§”

ii. Take and insert screenshots into their word processing files.

D. The first time you omit required information from an assignment you will be penalized through loss

of points. All times afterward the assignment will be deemed incomplete.

E. All of your answers must be arrived at independently. By submitting your work you confirm that you,

and only you, had a role in completing the assignment. Failure to abide by this rule will be considered

an Honor Code violation.

F. Lawyers are always working against deadlines; therefore, extensions on due dates will NOT generally

be granted.

i. All requests for extensions must be made in writing by 4pm on the day BEFORE the

assignment is due (in other words, by 4pm Wednesday). If you do not receive your extension

in writing, assume that the assignment is due as scheduled.


COVID-19 INFORMATION SHEET

HEALTH AND SAFETY ON CAMPUS

1. Students are expected to continuously self‐screen for the symptoms of COVID-19. The

Center for Disease Control has a list of COVID-19 symptoms:

https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html. If you begin

to show symptoms, notify your professor and leave the classroom. Limit contact with other

individuals on campus and contact your healthcare provider for further guidance.

2. If, before coming to campus, a student starts exhibiting any symptoms of COVID-19 or does

not feel well, the student should not attend class in person. The student should immediately

notify the Assistant Dean for Student Development ([email protected]) and

attend classes online.

3. Students who have been sick with COVID-19 symptoms, tested positive for COVID-19, or

have been potentially exposed to someone with COVID-19 should attend classes online until

they are cleared by their healthcare provider. The following is taken from the TSU &

Coronavirus FAQs, http://www.tsu.edu/about/administration/marketing-and-

communications/coronavirus/faqs.html:

Those who have recently traveled internationally or believe they have been

exposed to the virus and are experiencing influenza-like illness, with fever greater

than 100.3, and symptoms, including cough, body aches, severe sore throat or

runny nose, should seek medical attention, especially if symptoms worsen.

Students should contact TSU Health Services (713-313-7173) and identify

themselves as having flu-like symptoms to obtain further recommendations

and guidance. Students should also consult with their regular health care provider

or seek treatment at a local health center if they are overseas. Please call ahead to

your health care provider to notify them of the reason for your visit.

For additional information about COVID-19, including signs and symptoms,

transmission and risk of exposure, and what to do if you are exhibiting symptoms,

please refer to the resources section. The CDC’s website and Texas Department

of State Health Services (DSHS) will also issue guidance for those planning to

travel or who have recently returned.

https://www.cdc.gov/

https://www.dshs.texas.gov/

https://www.dshs.texas.gov/


4. While on campus and in classrooms, students should observe the rules for social distancing,

social health etiquette, and general cleanliness.

a. Students should practice hand hygiene, cough etiquette, and general cleanliness.

b. Students should maintain at least 6 feet separation in all directions from other

individuals.

c. Face coverings (over the nose and mouth) are required for all students. Students

without a face covering will not be allowed to enter the classroom. Students with an

approved exemption and who notify their professor before the start of class may be

allowed to wear a face shield instead of a face mask.

d. Students should wash or disinfect their hands before each class and after any physical

interaction with other persons in the classroom.

e. Students should maintain classroom cleanliness. Students should create a clean

classroom environment by putting away unnecessary personal items and cleaning

their seating area intermittently.

f. Students should not expect to enter the Law Building on a day other than the

designated day for in-person attendance for an enrolled course. Entry will be

permitted only if administration can determine that the maximum occupancy for

COVID-19 social distance protocol has not been exceeded.

g. Students who do not comply with the rules for social distancing, social health

etiquette, and general cleanliness may be subject to discipline up to expulsion from

law school.


CAMPUS CARRY POLICY

As you know, the State of Texas has recently passed legislation permitting you to

carry a concealed firearm on campus if you have a concealed license permit recognized by

the State of Texas, subject to the rules and regulations of Texas Southern University’s

(“TSU’s) Campus Carry Policy. Under TSU’s Campus Carry Policy, I have the right to

designate my office as a gun-free zone.

I have elected to make my office a firearm-free space. Pursuant to Section 30.06,

Penal Code (trespass by license holder with a concealed handgun), a person licensed under

Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this

property with a concealed handgun. (Conforme a la secciòn 30.06 Del Còdigo Penal

(traspasar portando armas de fuego con licencia), personas con licencia bajo del sub-

capitulo 411, Còdigo Del Gobierno (ley de portar armas), no deben entrar a esta propiedad

portando un arma de fuego ocultada.).

For a complete list of the gun-free zones on this campus and the rules governing

campus carry at our institution, please visit Texas Southern University’s website at

http://www.tsu.edu/. Please note that entering a gun-free zone on campus with a firearm,

including inside my office, could not only lead to criminal prosecution but suspension or

expulsion from school.

http://www.tsu.edu/


READING & HOMEWORK ASSIGNMENTS SCHEDULE

Pre-Class

8.3.20 Court Structure

Reading Sloan- Chapter 1

Handout: PowerPoint on Court Structure

Assignment Given

WEEK 1

8.10.20

Introduction & Purpose

Weight of Authority

Reading Sloan – Chapter 2

Assignment Given

Register for Interactive Citation Workstations (ICW) & Lexis

Learn (LL) and CALI.

Lexis Learn- Introduction to Online Legal Research Systems

Assignment Due Quiz on Lexis covering Court Structure, Weight of Authority, The

Legal Research Process

WEEK 2

8.17.20 The Bluebook

Reading The Bluebook – Introduction pp. 1-2

Tables 1, 6-7, 10

Assignment Given Assignment 1: The Bluebook using ICW

Assignment Due


WEEK 3

8.24.20

Search Terms & Evaluating Search Options

NO CLASS THIS WEEK

Reading Sloan – Chapters 2 & 3

PowerPoint on Search Terms and Search Options

Assignment Given Lexis Learn- 1. Start Your Research: Keywords Basics &

Start Your Research: Terms & Connectors and Segments

Assignment Due Assignment 1: The Bluebook on ICW

WEEK 5

9.7.20 Case Research


The Bluebook – B10 & Rule 10

Assignment Given Assignment 3: Case Research Lexis Learn- Start Your Research: Topic/Digest &

Expand Your Research: Caselaw Tools

Assignment Due:

WEEK 6

9.14.20 Citators



Assignment Given Lexis Learn -Validate Your Research: Citator Basics &

Expand Your Research: Citator Tools

Assignment Due Assignment 2: Secondary Sources

WEEK 4

8.31.20 Secondary Sources


The Bluebook – B15, B16, & Rules 15 & 16

Assignment Given Assignment 2: Secondary Sources Lexis Learn- Start Your Research: Secondary Sources


WEEK 7

9.21.20

Electronic Legal Research

NO CLASS THIS WEEK


PowerPoint on Electronic Legal Research

Assignment Given

Assignment Due Assignment 3: Case Research

WEEK 8

9.28.20 Statutory Research

NOTE: We will not cover Legislative History in Class

Reading Sloan – Chapter 7 & 8

The Bluebook – B12, B13, & Rules 12 & 13

Assignment Given Assignment 4: Statutory Research

Lexis Learn- Statutory Research Basics

WEEK 9

10.5.20 Federal Administrative Law



Assignment Given Quiz on Lexis

Lexis Learn- Administrative Law Research

Assignment Due Assignment 4: Statutory Research

WEEK 10

10.12.20

Developing A Research Plan

NO CLASS THIS WEEK


PowerPoint on Research Plans

Assignment Given Lexis Learn- Organize Your Research

Drafting Forms – Quiz on Lexis

Assignment Due Administrative Law Quiz on Lexis


WEEK 11

10.19.20 Drafting Forms

Reading

Assignment Given Practice Exam

Lexis Learn- Draft Pleadings & Draft Briefs and Motions

Assignment Due Drafting Forms – Quiz on Lexis

WEEK 12

10.26.20 Exam Review

Reading

Assignment Due Practice Exam

WEEK 13

11.2.20 EXAMINATION (BLUEBOOK ALLOWED)

Assignment Given EXAMINATION GIVEN TBA